Five People Killed in Tift County Crash

Few details were available after a car full of young people collided with a semi-truck that was parked on the shoulder.

Responding troopers and officers concluded that one vehicle was heading north in the center lane, while a second vehicle with a trailer was parked on the east shoulder of I-75 North. The state patrol said the moving vehicle left the roadway and struck the rear of the parked vehicle’s trailer.

A driver and three passengers died at the scene. Another passenger was taken to a local hospital but passed away there, the state patrol said.

Passenger Injuries

Although there’s no official word, it’s safe to assume that the five people in the car were related, or at least had personal relationships with one another.

Many injured passengers don’t want to “blame” the driver for what they believe was an “accident.” As a result, many injured passengers don’t partner with a Marietta personal injury lawyer and exercise their rights.

Criminal courts determine blame and assess punishment. Civil courts don’t determine blame or assess punishment. Instead, civil courts compensate victims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Usually, the tortfeasor (negligent driver) isn’t financially responsible for these damages. In fact, in most cases, tortfeasors aren’t financially responsible for any litigation-related costs. Auto insurance companies must pay all such expenses. So, a lawsuit doesn’t threaten anyone’s liberty or pocketbook.

Furthermore, most car crashes aren’t accidents. Driver mistakes cause about 98 percent of the car crashes in Georgia. We all make mistakes. Most of us make large mistakes. Georgia would be a better place to live if we accepted the consequences of our mistakes. That’s the essence of a negligence lawsuit. You break it, you buy it.

Fault vs. Liability

Speaking of blame, the person that is seemingly at fault for the collision may not be legally responsible for damages. That’s another reason a Marietta personal injury lawyer should evaluate a case. Whether you were a driver or passenger, and whether you were “at fault” or not.

In the above story, an insurance or law enforcement investigator would almost certainly conclude that the vehicle driver, who apparently lost control of the car, was at fault for the wreck.

Fault is a preliminary determination based solely on the facts immediately available at the scene. Legal doctrines, such as comparative fault, often change the liability determination, just like Team A mounts a second-half comeback against Team B.

Comparative fault is based on the violation of the duty of care. Based on the facts available, it appears that both drivers violated their duty of care.

Vehicle operators have a duty of reasonable care. This responsibility is the legal version of the story of the Good Samaritan, a man who went out of his way to help an injured traveler. Likewise, motorists must go out of their way to avoid wrecks. At the very least, they must watch the road and maintain control of their vehicles.

Commercial operators, like truck drivers, have a higher duty of care. The duty of utmost care requires them to take affirmative steps to avoid accidents. As the old saying goes, the bigger they are, the harder they fall. So, the higher the duty, the easier it is to prove negligence, or a lack of care.

Large truck drivers arguably violate their duty of care when they park on the shoulder. House Bill 617, which takes effect July 1, 2024, indirectly addresses this issue. When large trucks, or any other vehicles, park on the shoulder, they obstruct traffic and are safety hazards.

If both drivers were partially responsible for a collision, the jury must divide responsibility on a percentage basis, based on the evidence. Georgia is a modified comparative faulty state with a 50 percent threshold. If a tortfeasor (negligent driver) is at least 50 percent responsible for a wreck, the victim is entitled to a proportionate share of compensation.

First Party Liability

Compensation is available if a Marietta personal injury lawyer establishes negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.

Ordinary negligence is based on the duty of reasonable care, or utmost care, as the case may be. Drivers breach their duty of care when they:

• Drive Aggressively: Basically, aggressive driving is a failure to drive defensively. Failing to maintain a single lane, even if bad weather contributed to that failure, is a breach of duty. So is parking in an unsafe location. Both motorists in the above story drove aggressively, a fact that sets up the contributory negligence doctrine.
• Operate a Vehicle While Impaired: Fatigue is one of the most common kinds of driver impairment. Drowsiness affects judgement and motor skills. Tired drivers make bad decisions, like parking on the shoulder. Tired drivers also cannot properly control their vehicles.

Other forms of driver impairment include driving under the influence of a substance or driving while sick.

Commercial and noncommercial drivers also violate their duty of care if they break a safety law, like failure to maintain a single lane, and that failure substantially causes injury.

We mentioned the difference between a substantial and a contributing cause above. Bad weather, like wet roads, often contributes to car crashes. Driver error, usually speeding, substantially causes them.

Third Party Liability

Insurance companies are typically financially responsible for damages in noncommercial driver cases. This burden usually falls on employers in commercial driver matters. The respondeat superior rule applies if the tortfeasor was:

• An Employee: For financial purposes, many commercial drivers, such as truck drivers or Uber drivers, are independent contractors or other non-employees. For negligence purposes, almost all drivers are employees. A Marietta personal injury lawyer must only establish some employer control (e.g. carry this cargo or this passenger).
• Working in the Course and Scope of Employment: Any act that benefits the employer in any way is within the course and scope of employment. For example, a company softball game meets this definition. Healthy and happy employees benefit employers.

Other third-party liability theories include dram shop alcohol provider liability and negligent entrustment owner liability. Commercial alcohol providers are vicariously liable for damages if they overserve customers who cause car crashes. Owners are vicariously liable for damages if they allow incompetent drivers to use their motor vehicles, and these operators cause car crashes.

Injury victims are entitled to substantial compensation. For a free consultation with an experienced Marietta personal injury lawyer, contact The Phillips Law Firm, LLC. We do not charge upfront legal fees in these matters.